This policy establishes the criteria and process regarding personnel records at Middle
Tennessee State University (MTSU or University).

II. Definitions

Public Record(s) or State Record(s). All documents, papers, letters, maps, books,
photographs, microfilms, electronic data processing files and output, films, sound
recordings, or other material regardless of physical form or characteristics, made
or received pursuant to law or ordinance or in connection with the transaction of
official business by any governmental entity. T.C.A. § 10-7-503(a)(1)(A)(i).

III. Public Records and Confidential Information

Under the provisions of T.C.A. § 10-7-503, personnel records are considered public
records and may be inspected, extracted, or copied by any citizen of Tennessee during
normal business hours, in accordance with reasonable rules of the office having custody
of such records.

However, T.C.A. § 10-7-504(f)(1) treats as confidential the following information:
home telephone and personal cell phone numbers; bank account information; individual
health savings account information; retirement account and pension account information;
social security number; driver license information, except where driving or operating
a vehicle is part of the employee’s job description, job dutie, incidental to the
performance of her/her job; residential information, including street address, city,
state, and zip code; emergency contact information; personal, nongovernment issued
email address; and the same information of immediate family members or household members.
T.C.A. § 10-7-504(a)(25) treats as confidential the following information: job performance
evaluations, including but not limited to, job performance evaluations completed by
supervisors; communications concerning job performance evaluations; self-evaluations
of job performance prepared by employees; job performance evaluation scores, drafts,
notes, memoranda; and all other records relating to job performance evaluations. This
information must be redacted wherever possible but access to otherwise public information
shall not be limited or denied because a record contains confidential information.
Further this information is available to law enforcement agencies, courts, or other
governmental agencies performing official functions.

IV. Custody of Records

The Provost shall be the official custodian of the permanent personnel records for
faculty. The Assistant Vice President for Human Resource Services shall be the official
custodian of permanent personnel records for administrative, clerical, and support
employees. The official custodian of permanent personnel records shall be responsible
for maintaining the permanent personnel files and for ensuring the confidentiality
of the records in accordance with this policy. The authority of the official custodian
may be delegated to such assistants as are provided by MTSU.

V.Access to Records

A. MTSU shall permit an employee, or any person authorized by the employee in writing,
upon request, to have access to his/her permanent personnel file, and to review and
have copies made of all, or any portion thereof, at the cost and pursuant to the process
set out in Policy 120 Public Records – Inspecting and Copying. No records may be removed from the offices of the official custodian except by the
custodian or his/her authorized designee.

B. Any employee may submit a written request to the official custodian of the employee's
permanent file to amend any record therein pertaining to that employee which he/she
believes is inaccurate or misleading. Within a reasonable time after receipt of such
a request, MTSU shall either amend the record or advise the employee of its refusal
to amend the record and the reason for the refusal. In the event of a decision refusing
to amend the records, the employee shall have the opportunity to file a concise statement
containing his/her position as to the inaccurate or misleading statement in the record,
which statement shall be made a part of the permanent personnel file, and which statement
shall be provided to any person, organization, or agency which receives the contested
record.

VI.Disclosure of Personnel Records

A. No employee of MTSU shall disclose any record from the permanent personnel file
of another employee, except pursuant to a valid public records written request, or
with the prior written consent of the employee to whom the record pertains, to any
person, agency, or organization other than the following:

1. officers and employees of MTSU who have a need for the record in the performance
of their duties;

2. persons who require access as part of the routine use of the record;

3. accrediting organizations in order to carry out their accrediting functions, provided
that the access of such organizations shall be limited to non-confidential records;

4. federal and state officials or authorities authorized by law or regulation to
have access to the records;

5. any person representing MTSU in relation to any claim or action by any person
or agency who has need for the record in connection with such representation;

6. any person or agency pursuant to the order or subpoena of a court of competent
jurisdiction; and

7. the Comptroller of the Treasury or his/her authorized representatives.

B. Nothing contained in this section shall preclude the disclosure of appropriate
information from records contained in a permanent personnel file through the preparation
and dissemination of any document published by MTSU, including, but not limited to,
budgets and work programs, catalogs, annual reports, newspapers, brochures, and other
publications generated in the normal course of business of MTSU, or pursuant to any
open meeting or hearing where the information is relevant to the purpose of the meeting.

VII. Public Records Statutes

In the event of any conflict between this policy and the provisions of T.C.A. Title
10, Chapter 7, the latter will prevail.

VIII. Retention of Records

Nothing in this policy shall require the maintenance of any record for any period
of time in excess of any retention period established by MTSU or state or federal
law.